Brexit and EU Law 

Diplomats stress primacy of EU law

European diplomats have dismissed claims from Boris Johnson that the UK could negotiate access to the EU single market without obeying any of the rules. One diplomat stressed that participating in the single market meant accepting EU rules, including the jurisdiction of the ECJ and accepting the primacy of EU law over national law. “There is no logic of punishment or sanction but the application of the law,” the diplomat said. Meanwhile, David Cameron has stressed the UK would not trigger article 50, the formal two year notice to quit the EU, until a new government was in place and it was known what route was intended. A report by constitutional lawyers said recently that any prime minister would need parliamentary approval to trigger article 50, which codifies in the Lisbon treaty the formal exit process from the EU. The lawyers – Nick Barber, a fellow at Trinity College, Oxford; Tom Hickman, a barrister at Blackstone Chambers and reader at University College, London; and Jeff King, a senior law lecturer at UCL – declared that: “In our constitution, parliament gets to make this decision, not the prime minister. ‘He’ is unable to issue a declaration under article 50 without having been first authorised to do so by an act of the United Kingdom parliament
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